United States Second Circuit

Judgment in favor of defendants, finding no violation of Title VII of the Civil Rights Act of 1964 as the teacher certification tests at issue are "job related," despite having a disparate impact on employment prospects of African-American and Latino candidates, is vacated to the extent there are legal and factual errors in the court's holding.

Appellate Information

• Decided 08/17/2006
• Published 08/18/2006

Judges

• RICHARD C. WESLEY, Circuit Judge., Before RAGGI and WESLEY, Circuit Judges, and DRONEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joshua Samuel Sohn, DLA Piper Rudnick Gray Cary U.S. LLP, New York, N.Y. (Barbara J. Olshansky, Center for Constitutional Rights, New York, NY, Steve Seliger, Seliger & Elkin, Ltd., Chicago, IL), for Plaintiffs-Appellants.


• For Appellees:
  
• Michael S. Belohlavek, Deputy Solicitor General for the State of New York, New York, N.Y. (Eliot Spitzer, Attorney General for the State of New York, Melanie L. Oxhorn, Assistant Solicitor General, of counsel), for Defendant-Cross-Defendant-Appellee the New York State Education Department., Mordecai Newman, Assistant Corporation Counsel of the City of New York, New York, N.Y. (Michael A. Cardozo, Corporation Counsel of the City of New York, Larry A. Sonnenshein, Assistant Corporation Counsel, Leonard Koerner, Assistant Corporation Counsel, of counsel), for Defendant-Cross-Claimant-Appellee the Board of Education of the New York City School District of the City of New York.